WASHINGTON, Feb. 17, 2022 /PRNewswire/ -- The District of Columbia Superior Court rejected the motion to dismiss a lawsuit brought by Toxin Free USA against supermarket chain ALDI Inc. alleging the company makes deceptive sustainability marketing claims about ALDI's fresh Atlantic salmon products.
The lawsuit alleges that ALDI's use of the phrase "Simple. Sustainable. Seafood." on the products leads consumers to believe that the salmon was farmed in accordance with high environmental and animal welfare standards, but in reality, the salmon are sourced unsustainably.
The complaint was filed in May 2021, under the District of Columbia Consumer Protection Procedures Act (CPPA). The nonprofit is represented by Richman Law & Policy. Toxin Free USA is not asking the court for damages but seeks to end ALDI's unlawful conduct directed at D.C. consumers.
In denying ALDI's motion to dismiss, the Court ruled that the nonprofit plaintiff had sufficiently alleged "factual content that allows the Court to draw the reasonable inference that the Defendant is liable for the misconduct alleged."
Global Seafood Alliance (GSA), the leading trade association for the global seafood industry, weighed in to support dismissal via amicus brief. However, the Court rejected GSA's argument that compliance with industry best practices or GSA's own Best Aquaculture Practices Certification necessarily makes a seafood product "sustainable" in the eyes of reasonable consumers.
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